Law: General Clauses Act (X of 1897)

Section: 24-A

General Clauses Act (X of 1897) S.24-A---Employment---Recruitment to the post of Constable---Appointments approved and finalized by the competent authority---Subsequent direction to re-examine entire recruitment process passed by halting the initial recruitment process---Legality---Brief facts were that the petitioners applied for the posts of Constable (BPS-07) and successfully cleared the written test, interview, and physical assessments, and their names were duly recommended by the recruitment committee and formally approved by the competent authority, however, before issuance of appointment orders, the AIG Police directed re-examination of the entire recruitment process for 180 posts---Issue requiring determination before the High Court was as to Whether the authorities could lawfully halt and re-open the recruitment process after completion, approval, and recommendation of the petitioners, and without issuing their appointment orders ?---Held: Section 24-A of the General Clauses Act, 1897 imposed a mandatory obligation upon every executive and public authority to exercise their powers in a reasonable manner, ensuring fairness in decision making---It implied that administrative orders should be speaking, clearly outlining the reasons for the decision, demonstrating application of mind that aligned with the principles of justice and fairness---Admittedly the petitioners had successfully qualified the recruitment process and were duly recommended by the recruitment committee but despite meeting all the requirements no formal appointment letters were issued to them---Instead respondents issued impugned letters calling for a fresh test that too without disclosing any valid reasons that could justify the re-initiation of the entire recruitment process which was found to be arbitrary which could not be allowed to hold field, more particularly when an indefeasible and vested right had been created in favour of the petitioners---Impugned letters were declared null and void, having no legal effect and the respondents were directed to issue appointment orders in favour of the petitioners---Constitutional petitions were allowed, in circumstances.…